Ketan Mahendrabhai Vithalani vs State Of Gujarat
2025 Latest Caselaw 1818 Guj

Gujarat High Court

Ketan Mahendrabhai Vithalani vs State Of Gujarat on 4 August, 2025

                                                                                                           NEUTRAL CITATION




                           R/CR.MA/14156/2025                                 ORDER DATED: 04/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               14156 of 2025

                               In F/CRIMINAL REVISION APPLICATION NO. 27692 of 2025

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                                                KETAN MAHENDRABHAI VITHALANI
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR BIPIN BHATT(1529) for the Applicant(s) No. 1
                      MR. H K PATEL APP for the Respondent(s) No. 1
                      REFUSED SERVED (R)(70) for the Respondent(s) No. 2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 04/08/2025

                                                            ORAL ORDER

1. Rule. The learned A.P.P. waives service of Rule for the

respondent - State.

2. When the matter is called out, the notice had already

been served to the respondent no.2 - original complainant but

the note suggests that the notice had been refused by the

respondent no.2 - original complainant. The present applicant

is in judicial custody and he has preferred this revision

application against the judgment of conviction under Section

138 of the N.I. Act and there is a delay of 89 days in

NEUTRAL CITATION

R/CR.MA/14156/2025 ORDER DATED: 04/08/2025

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preferring this revision application.

3. Learned A.P.P. for the respondent vehemently opposed

the present application and submitted that the grounds stated

in the present application for condoning the delay are not

satisfactory and, therefore, delay may not be condoned.

4. Having heard the submissions made by the learned

advocates for the respective parties and considering the

averments made in the present application, the grounds

stated in the present application for condoning the delay are

found to be genuine and satisfactory to this Court. Hence, the

present application deserves consideration.

5. Accordingly, present application is allowed. Delay of 89

days caused in preferring the revision application is hereby

condoned. Rule is made absolute to the aforesaid extent.

(L. S. PIRZADA, J) JCP